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FIVE BORO SERVS. v. AUTOONE

2009-292 K C.

27 Misc.3d 89 (2010)

902 N.Y.S.2d 768

FIVE BORO PSYCHOLOGICAL SERVICES, P.C., as Assignee of Clarence Osbourne, Appellant, v. AUTOONE INS. CO., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided April 9, 2010.

Attorney(s) appearing for the Case

Gary Tsirelman, P.C., Brooklyn ( Massimiliano Valerio of counsel), for appellant.

McDonnell & Adels, P.L.L.C., Garden City ( Martha S. Henley of counsel), for respondent.

GOLIA, J.P., WESTON and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, by order entered October 16, 2008, insofar as appealed from, the Civil Court denied plaintiff's motion for summary judgment and granted defendant's cross motion "to the extent that plaintiff shall ... respon[d...

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